HON'BLE Dr K.B.S.RAJAN, JUDICIAL MEMBER
The issue involved in this Original Application, in fact, is no longer
res Integra. This original application, admittedly is identical to that of OA
No. 856 of 2011. In the other OA as well, the impugned order is order
dated 15-11-2010 (Annexure A-1 in this OA). The claim of the applicants in
this OA is the same as in the other OA and the only difference is that in
this OA, the applicants challenge Annexure A-4 clarification issued by the
Ministry of Finance, which is an item that is applicable to all the
Departments/Ministries.

2. In so far as pay fixation is concerned, the prayer in this OA and that
in the other OA No. 856 of 2011 are one and the same as could be seen
from the following comparative table:-

Prayer in OA No. 856 of 2011 Prayer in this OA

(a) Declare that the applicants are (i) To call for the records
entitled to the benefit of fitment as leading to Annexure A-1 and
granted to Shri T.Srinivasa, Assistant of quash the same to the extent
the Bangalore Bench of the Hon'ble it fixed he pay of the
Central Administrative Tribunal in terms applicants in the fitment
of A7 and direct the respondents to fix table of Rs.5500-9000.
the applicant's pay accordingly; (ii) To call for the records
leading to Annexure A-4 and

(b) Declare that the applicants are to quash the same to the
entitled to be granted the benefit of extent it denies grant of
Anenxures.A1,A2, A4 and A5 with effect fitment table of Rs.7450-
from 15.9.2006 and to be thus granted 11500/- w.e.f. 1.1.2006 to
the scale of pay of Rs. 6500-10500 and the applicants who were in
an option to come over to the revised services as Court Masters
pay band plus GP with effect from that before 1.1.2006.
date, as has been granted to the
Assistant/Stenographers Grade C of the (iii) To direct the respondents
Central Secretariat Service/Central to fix the pay of the
Secretariat Stenographers Service; applicants in PB-2, 9300-

34800 with grade of

(c) Direct the respondents to grant the Rs.4600/- with reference to
applicants the scale of pay of Rs. 6500- the fitment table of the pre-
10500 with effect from 15.9.2006, with a revised scale Rs.7450-
further option to come over to the 11,500 with effect from
revised pay band plus GP with effect 1.1.2006 and grant all
from 15.9.2006 after drawing the pay consequential benefits
scale of Rs. 6500-10500, with all including arrears with effect
consequential benefits of arrears of pay from 1.1.2006.
and allowances arising there from. (iv) To pass any such order
as deemed just, fit and

(d) Award costs of and incidental to this necessary in the facts and
application; circumstances of the case.

(e) Pass such other orders or direction (v) To award costs of and
as deemed just fit and necessary in the incidental to this application.
facts and circumstances of the case.

3. OA 856 of 2011, has been allowed by the Tribunal and the following
order has been passed:-

"The applicants are functioning respectively as Assistants,
Court Master (stenographer Gr. 'C') and Upper Division Clerk
in the Central Administrative Tribunal, Ernakulam Bench. The
pay scales of both Assistant and Stenographer Gr. 'C' have
been identical right from the beginning. The 3rd applicant has
been afforded the second financial upgradation under the
ACP scheme in the pay scale of Rs 5,500 - 9,000 w.e.f. 18-

04-2005. Thus, for the purposes of this OA, since the claim
relates to fixation of pay in the pay scale of an assistant, all
the applicants are in the same pedestal.

4. The post of Assistant and stenographer Gr. C in the
Central Administrative Tribunal has been right from the
beginning equated with those of in the Central Secretariat
Services (CSS)/Central Secretariat Stenographers Services
(CSSS) for all purposes. This historical parity has been
reiterated in the decision of the Tribunal in the case of S.K.
Sareen vs Union of India & Others (OA No. 777 of 1992
(decided on 20-12-1992) and later on in OA No. 164 of 2009
decided on 19-02-2009.

5. Prior to 01-01-2006 the pay scale of the Assistants had
been Rs 5,500-9000. On the recommendation of the VI
Central Pay Commission, the pay scale of Assistants of the
CSS and stenographers of the CSSS cadre underwent an
upward revision from the above scale to Rs 6,500 - 10,500/-
effective from 15-09-2006 (Later on, the pay scale of
Assistants in the CSS Cadre and the stenographer in the
CSSS cadre was revised from 6,500 - 10,500 to 7450 -
11500) and in so far as further revision on the basis of the
Revised Pay Rules, 2008, the pay scale admissible to these
posts has been Rs 9,300 - 34,800 with grade pay of Rs
4,200/-. Since the revision of the pay scale in the pre-revised
pay scale effective from 01-01-2006 was made effective from
15-09-2006, option had been made available for deferring the
revision under the provisions of Rule 7 of the CCS(Revised
Pay) Rule, 2008 to such assistants in CSS cadre and the
Stenographers in the CSSS Cadre. Annexure A-4 note dated
23-06-2009 refers. A further clarification was issued with
reference to the entitlement of those who have been granted
the pay scale of Assistants as financial upgradation under the
ACP Scheme, vide Annexure A-5 note dated 14-12-2009.

6. In so far as the staff of Central Administrative Tribunal were
concerned, since the above upward revision in the pre
revised scale was not initially afforded, some of the
Stenographers Gr. C moved the Principal Bench of the
C.A.T. in OA No. 1165 of 2010 (Smt. Sunita Dutt and
others) and the Tribunal by its order dated 09-04-2010
directed the Department of Personnel and Training (DoPT)
to treat the entire OA as a representation and consider the
claim of the applicants therein. And, the DoPT, on due
consideration had issued an order dated 6th July, 2010
which reads as under:-

7.

"No.P-20011/21/2010-AT
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
New Delhi
dated the 6th July,2010
ORDER
Subject:- Implementation for the recommendations of the
6th Pay Commission in respect of
Assistants/Stenographers Gr.'C'/Court Masters in the
Central Administrative Tribunal.

Pursuant to the orders in OA No.1165/2010 and MA
866/2010 dated 9.4.2010 (Shri Sunita Dutt versus Union
of India and others) Assistants/Stenographers
Gr.'C'/Court Masters in the Central Administrative
Tribunal are granted the revised pay structure as
indicated below with effect from 1.1.2006.

2. This issues with the concurrence of the Ministry of
Finance (Department of Expenditure) vide its ID No.33(3)/
2010-E.III(B) dated 21.06.2010 and the integrated
Finance Division (MHA) vide their Dy.No.CF-61842/Fin.II
dated 5.7.2010.

Sd/-

Manju Pandey
Director"

7. It is to be noted here that by the time the above order
came to be passed, the pay scale of the counterparts in CSSS
cadre (as also CSS cadre) had been revised from 6500 -
10500 to 7450 - 11500).

8. Thus, the above would reflect that when the pay scale
of Assistants and Stenographer Gr. 'C' in the C.A.T. had been
revised from 5,500 - 9,000 to 7450 - 11500 directly, their
counterparts in the CSS and CSSS cadre had the benefit of
higher pay scale first in the scale of Rs 6,500 - 10,500 w.e.f.
15-09-2006 with the option available under the Revised Pay
Rules and further the next scale of Rs 7,450 - 11500. This
has resulted in some disparity consequent to which, the first
applicant herein moved a representation dated 10-07-2009 for
fixation of his pay in the scale of pay of Rs 6,500 - 10,500
vide Annexure A-6.

9. After the issue of the order dated 06-07-2010 (Annexure
A-3) the Bangalore Bench of the C.A.T. had, vide Annexure A-
7 order dated 23-11-2010, fixed the pay of one Shri T.
Srinivasa, Assistant of C.A.T. Bangalore Bench. The
individual was drawing the pay in the scale of Rs 5,500 -
9000 at the stage of Rs 6,000 as on 01-01-2006. On the
basis of his option exercised under Rule 7 of the Pay Rules,
2008, his pay was fixed notionally w.e.f. 02-01-2006 in the
pay scale of Rs 7,450 - 11,500 and actually in the revised
pay scale of Rs 9,300 - 34,800 plus G.P. Of Rs 4,600 and
the pay of the said individual as on 01-01-2006 came to be Rs
13,860 plus Grade Pay of Rs 4,600/-.

The claim of the applicants is that their pay should also be
fixed in the very same fashion as had been done in the case
of Shri T. Srinivasa of the Bangalore Bench. Hence, this
petition, with the reliefs as extracted above.

10. Respondents have contested the O.A. They have
stated that in so far as the claim of the applicants as in prayer

(b) and (c) at para 8, the same cannot be acceded to in view
of the fact that the pay scale of the applicants has never been
fixed at any stage in the scale of Rs 6,500 - 10,500 and as
such. They have in fact sought clarification from the Nodal
Ministry DoPT vide Annexure R 1(a) and (b) and the Ministry
had informed the Principal Bench that that the pay should be
fixed in accordance with the Revised Pay Rules, vide
Annexure R1(c). In so far as the fixation of pay in the scale of
Rs 7450 - 11,500, referring to the pay fixation in the case of
T. Srinivasa, Assistant of the Bangalore Bench, the
Respondents have stated that the same, in respect of the first
applicant has been fixed vide order dated 20-01-2012, at
Annexure R1(d). Hence, the respondents have stated that the
applicants are not entitled to any further relief.

11. Counsel for the applicants has taken us through various
documents and stated that the claim of the applicant for
fixation of pay in the scale of Rs 6,500 - 10,500 is not insisted
in view of the fact that the pay scale had been directly revised
from Rs 5,500 - 9,000 to Rs 7,450 - 11,500. In so far as
fixation as contained in Annexure R1(d) is concerned, the
counsel submitted that a comparison of the same with that of
Annexure A-7 would reveal the difference in the fixation so
granted to applicant No. 1. Referring to the table of
concordance as contained in the RP Rule, 2008, the counsel
submitted that whereas in the case of Shri T. Srinivasa the
fixation has been on the basis of the pay fixed prior to revision
in the latest pay scale was in the scale of Rs 7,450 - 11,500
as on 01-01-2006 and thereafter, pay fixed in the scale of
9,300 - 34,800 plus grade pay of Rs 4,600/- in the case of the
applicant No. 1, the pay fixed is as on 01-01-2008. Thus,
there is a difference of two years in the applicant No. 1
reaching the pay of his counter part at Bangalore, as on 01-
01-2006. In fact, applicant No. 1 had been enjoying the
second financial upgradation since 11-02-2005 and he had
been regularly promoted as Assistant on 01-01-2009. Thus,
as on 01-01-2006 the pay of applicant No. 1 being that of
Assistant, revision as on 01-01-2006 should have been made
first in the scale of Rs 7450 - 11500 and thereafter, his pay
fixed in the scale of Rs 9,300 - 34,800 plus grade pay of Rs
4,600/-. The counsel argued that since financial upgradation
is in lieu of promotion to a particular post, there cannot be any
difference in fixation of pay.

12. Counsel for the respondent has submitted that the
applicants are not entitled to any fixation with reference to the
pay scale of Rs 6,500 - 10,500 and as regards fixation in the
grade of Rs 7,450 - 11,500/- the latest order on 20-1-2012
vide Annexure R 1(d) would fulfill the requirement.

13. Arguments were heard and documents perused. The
matter is not complex. The claim of the applicants is that the
manner in which the Bangalore Bench had fixed the pay of
Shri T. Srinivasa should be adopted in the pay fixation of the
applicants as well. It is not the case of the respondents that
the pay fixed by the Bangalore Bench is erroneous. Once the
manner of fixation of pay is held not erroneous, justice
demands that the same is adopted in all identical cases.
Admittedly, the cases of Shri T. Srinivasa and the applicants
in the present O.A. are identical. Be it promotion to the post
of Assistant, or financial upgradation to the pay scale of
Assistant, as long as both are prior to 01-01-2006, fixation of
pay as on 01-01-2006 in the pay scale of Rs 7,450 - 11,500
first and thereafter, fixation in the revised scale of Rs 9300 -
34500 plus grade pay of Rs 4600 should be uniform.

14. In view of the above, the O.A. is allowed.
Respondents are directed to adopt the same method of
fixation of pay of the applicants as on 01-01-2006 first in the
pay scale of Rs 7450 - 11500 notionally and actually
thereafter in the pay scale of Rs 9300 - 34500 plus grade pay
of Rs 4600/- as has been adopted in the case of T. Srinivasa
of Bangalore Bench. This order may be complied with, within
a period of three months from the date of communication of
this order.

15. Respondents may also consider this order as a
judgment in rem and apply the same to others similarly
situated, as the same would avoid multiplicity of litigation. In
fact, the Apex Court in a number of cases and the V CPC in
para 126.5 have emphasized such a practice. It is appropriate
to cite the same as hereunder:-

(a) The Apex Court as early as in 1975 in the case of
Amrit Lal Berry v. CCE, (1975) 4 SCC 714 , held as
under:-

We may, however, observe that when a citizen aggrieved
by the action of a government department has
approached the Court and obtained a declaration of law in
his favour, others, in like circumstances, should be able to
rely on the sense of responsibility of the department
concerned and to expect that they will be given the
benefit of this declaration without the need to take their
grievances to court.

"... those who could not come to the court need not be at
a comparative disadvantage to those who rushed in here.
If they are otherwise similarly situated, they are entitled to
similar treatment, if not by anyone else at the hands of
this Court.

(c) The V Central Pay Commission in its
recommendation, in regard to extension of benefit of court
judgment to similarly situated, held as under:-

"126.5 - Extending judicial decisions in matters of a
general nature to all similarly placed employees. - We
have observed that frequently, in cases of service
litigation involving many similarly placed employees, the
benefit of judgment is only extended to those employees
who had agitated the matter before the Tribunal/Court.
This generates a lot of needless litigation. It also runs
contrary to the judgment given by the Full Bench of
Central Administrative Tribunal, Bangalore in the case of
C.S. Elias Ahmed and others v. UOI & others (O.A. Nos.
451 and 541 of 1991), wherein it was held that the entire
class of employees who are similarly situated are
required to be given the benefit of the decision whether or
not they were parties to the original writ. Incidentally, this
principle has been upheld by the Supreme Court in this
case as well as in numerous other judgments like G.C.

Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-
1998; K.I. Shepherd v. UOI [(JT 1987 (3) SC 600)]; Abid
Hussain v. UOI [(JT 1987 (1) SC 147], etc. Accordingly,
we recommend that decisions taken in one specific case
either by the judiciary or the Government should be
applied to all other identical cases without forcing the
other employees to approach the court of law for an
identical remedy or relief. We clarify that this decision will
apply only in cases where a principle or common issue of
general nature applicable to a group or category of
Government employees is concerned and not to matters
relating to a specific grievance or anomaly of an individual
employee."

"29. Service jurisprudence evolved by this Court from time
to time postulates that all persons similarly situated
should be treated similarly. Only because one person has
approached the court that would not mean that persons
similarly situated should be treated differently."

4. In the instant case, the respondents have, in para 10 of the reply,
mentioned one fact in respect of fixation of pay of the applicant at par with
his junior one Mr. Kabi, and the same is as under:-

"As regards para 5(B) of the above, it is reiterated that the pay
of the applicants in the O.A have been stepped up at par with
their junior Shri Suryaroop Kabi, Court Master, Central
Administrative Tribunal, Patna Bench, the date from which
their immediate junior Shri Suryaroop Kabi, Court Master was
getting higher pay than the applicants in the O.A in terms of
Note 10 below Rule 7 of CCS(RP) Rules, 2008 read with
DOPT OM dated 22.12.10 & 18.3.11 vide office order dated
30.1.12. It is further submitted that the pay of Shri Suryaroop
Kabi as on 14.2.08 was fixed at the stage of Rs.13860+4600
as Grade Pay whereas Smt Mamta Wadhwa was drawing the
revised pay at the stage of Rs.13860+4600 as grade pay
w.e.f. 1.7.2008. Presently the pay of the applicants have been
stepped up with that of Suryaroop Kabi w.e.f. 14.2.2008 to
Rs.13860+4600 grade pay. Hence, the allegation that Smt
Mamta Wadhwa, Junior to the applicant is drawing higher pay
than the applicant is denied."

5. In the rejoinder, the applicants have rebutted the above contention of
the respondents.

6. Arguments were advanced by the counsel for both the parties and it
has been submitted by the counsel for the applicants that the case is
identical to that in OA No. 856 of 2011. In so far as the difference is
concerned, the applicants in this case have challenged the clarification
order dated 14-12-2009 as well. Counsel for the respondents endorsed
the above said submission that the case in all the four is identical to that in
OA No. 856 of 2011. However, the counsel also referred to para 10 of the
reply extracted above.

7. Arguments were heard and documents perused. At the outset it is to
be observed that the legal validity of the clarification dated 14-12-2009
need not be gone into in this case as the case being identical with that of
OA No. 856 of 2011, and the order in the said OA having the effect of
judgment in rem as contained in the later part of the said order, the same
should cover this case as well. In so far as the stepping up of pay with
reference to the junior as contained in para 10 of the OA, it is to be
mentioned that in all expectation, the decision in OA No. 856 of 2011 when
implemented would equally lead to the revision of pay of the said junior as
well. In that event, the stepping up of pay of the applicants would have to
be reviewed and revised again. Thus, para 10 of the reply alone cannot
meet the claim of the applicants.

8. In view of the above, based on the decision in OA No. 856 of 2011,
this OA is also allowed. Respondents are directed to extend the benefits
available to the applicants in OA No. 856 of 2011 to the applicants in this
case as well. The time calendared therein would be equally applicable to
the present case too.

9. Under the above circumstances, there shall be no orders as to costs.